Elliot on 8/10/22 at 6 pm south of MM 15 on the east side of Stockton Hill Rd. in the wash. The flies were awful. I was on my way to Southwest Behavioral in Kingman, Arizona, with my notarized Application to have Elliot picked up and evaluated. Paula Brungardt, DNP, APRN, FNP-C, PMHNP-BC
REJECTED my Application!
- 8/10/22: Southwest Behavioral REJECTED my Title 36-524 Application
- Kingman Superior Court DENIED my EMERGENCY Motion
- County Attorney Ryan Esplin REFUSED to discuss my request for assistance
- The filings: My 8/14/22 EMERGENCY Motion and 19 Exhibits (audio, SW rejection letter, etc.)
- Cochise County and Pima County Guides to Title 36
8/22/22: Please contact me or leave a comment if you find any errors, typos, missing or incorrect info, bad links, etc. Been working on this way too many hours and my brain is fried. Thank you!
8/10/22: KRMC and Southwest Behavioral REJECTED my notarized Title 36-524 Application for Elliot
First KRMC DECLINED to assist (will have to file a complaint with whatever agency regulates KRMC) and I wasted most of my day waiting for KRMC to tell me what to do. They finally advised to contact Mohave Mental Health or Southwest Behavioral.
Mohave Mental Health DECLINED to assist.
I called Southwest and they advised that I would have to submit my Application in person.
I had made a SPECIAL trip to Kingman Wednesday late afternoon (120 miles at 11 mpg) to the Southwest Loony Bin to have Elliot picked up and evaluated.
Once again, I had to ARGUE over my allegedly incorrect Application (their application was from the 90s, mine from 2016 downloaded at AZCourtCare.org.)
Next, they argued similar to deputy Rider [Exh. 2,3, audio and transcript], Elliot’s civil rights, etc.
When I insisted on WRITTEN rejection, they offered to keep my Application for review. I got home at 8 pm and immediately called them. The nurse was allegedly with a patient and they promised a call. I received NO call.
On Thursday they advised that my Application had been rejected and emailed me the Rejection:
Time application was reviewed: 1926
Was it really necessary to lie to me when I called them at 8 pm?
Paula Brungardt, DNP, APRN, FNP-C, PMHNP-BC REJECTED my Application, lying and misrepresenting the facts as if she was one of my defendants’ lawyers.
I explained the issues in more detail in my Emergency Motion and hope to soon submit my formal complaint about nurse Brungardt to the Arizona State Board of Nursing. Her incompetence is extraordinary.
On 8/14/22, Sunday, I submitted my EMERGENCY Motion to order Southwest Behavioral to pick up Elliot.
I am currently suing Southwest, KRMC, North Country, and their doctors. My 1/28/22 complaint and exhibits describe how KRMC abused my friends. In 2015 Leo Goding died after KRMC REFUSED to readmit him:
https://repairthebrain.com/docs/1-28-22-complaint-and-exhibits/
The systemic extermination of the poor and ill who can’t fight for their lives as I currently do.
People like Elliot.
I wanted to file my Motion early Friday so that they’d pick up Elliot right away, but with my brain damage, I could not get it done.
I always submit my filings under penalty of perjury and it was very difficult for me to summarize the details of my countless efforts to get Elliot help. I had a very hard time organizing, was so incredibly stressed.
I included several studies about mental illness and homelessness as exhibits so they’d see that Elliot CAN be treated as that is a legal requirement. What happens to people who can not be treated?
On Monday the superior court EMPLOYEES rejected my filing!
I had to ARGUE with court employees who emailed me a brochure explaining how to get Elliot titled. FFS!!! Did they NOT read my motion? Why did I have to waste another day arguing just to get my motion filed?
Eventually, they agreed to file my motion, but I had to resubmit it because they claimed not to be able to file after rejection. I had to submit it twice because the awful Arizona electronic filing system LOST my motion when I went to pay. What a shitshow!
My right hand and wrist still hurt today from all the mouse clicks and selections required to write and file this motion.
On Tuesday, 8/16/22, Kingman Superior Court judge Kenneth Gregory [pro tem] promptly DENIED my Motion because Elliot is not a party to my case and he suggested that I contact the County Attorney’s Office and get legal advice.
I have no idea why it is relevant that Elliot is not a party to my case. Southwest is a defendant and they rejected my Application in bad faith.
I suffered damages and I am continuing to suffer damages until I know that Elliot is safe and gets the treatment he deserves.
Mohave County Attorney’s Office and Ryan Esplin REFUSEd to communicate with me
Next, the employees at the County Attorney’s Office hung up on me numerous times, my web submission with my motion was ignored, but eventually, I got County attorney Ryan Esplin‘s email. After several ignored emails to him, he finally wrote back:
Ms. Baker:
I am receipt of your emails, but I will not comment on pending cases.
Have a good day,
Ryan H. Esplin
Chief Civil Deputy County Attorney, Mohave County, Arizona
Mohave County Attorney Office – Civil Division
P.O. Box 7000
Kingman, AZ 86402-7000
What case is he talking about?
I requested their assistance to enforce Arizona law, as judge Kenneth Gregory suggested.
- I spent at least 100 hours trying to get help for Elliot and prepared the notarized Application according to Arizona law.
- KRMC and Southwest refused to accept my Application.
- I requested assistance from the County Attorney’s Office as judge Gregory suggested and now Ryan Esplin is IGNORING me!
WTF is going on?
I don’t even know whether Elliot is still alive!
Attorney Ryan Esplin seems to be another psychopath / sociopath, just like attorney Kathleen Elder (KRMC) and attorney Emily Cunion (Southwest Behavioral) — they REFUSED to assist Elliot in any way!
They have no conscience, empathy, or compassion and are slightly sadistic?
The attorneys are doing all they can to get me killed. Attorney Emily Cunion refused an extension for my response to her motion to dismiss knowing that I’ve been working all day every day since 8/4 on getting Elliot help. Of course, they’re also fully informed about my health problems and brain damage. So incredibly ruthless.
My 8/14/22 EMERGENCY Motion and Exhibits:
All files are pdfs.
2022-8-14–emergency-motion-Elliot
My proposed order: “… that Defendant Southwest Behavioral immediately accept Plaintiff’s Application for Emergency Admission for Evaluation of Elliot Doe pursuant to A.R.S. § 36-524 and to arrange for Elliot’s pickup, evaluation and treatment.”
2022-8-14–proposed-order-Elliot
Exh. 1: 8/4/22 1st Audio of my attempt to talk with Elliot:
Exh. 2: 8/4/22 Audio recording of my call with Deputy Rider, who refused to assist Elliot after I called 911 and they refused to help.
Exh. 3: The 8/4/22 transcript of my call with Deputy Rider includes the most absurd arguments to leave Elliot to die in the desert.
Exh. 3: 8/4/22 transcript of call with Deputy Rider
Exh. 4: 8/4/22 2nd Audio of my attempt to talk with Elliot:
Exh. 5: After I first found Elliot on 8/4/22 I posted in the local FaceBook group All Things Meadview about Elliot and learned that others had called 911 and also were refused assistance.
Exh. 5: 8/4/22 comments on my FB post about Elliot
Exh. 6: On Friday 8/5/22 I started my long post about Elliot. I expected that with such overwhelming evidence, pictures and audio we could quickly get Elliot the treatment he so badly needs and deserves:
Exh. 6; My 8/5/22 blog post about Elliot
Exh. 7: On 7/23/22 MCSO announced that an unidentified man was found DEAD about 9 miles from Elliot in the desert.
7/23/22 Sheriff death investigation
Exh. 8: My notarized 8/9/22 Application to have Elliot picked up and evaluated pursuant to ARS Title 36-524. I attached excerpts from Facebook and additional observations.
Exh. 8: Application to have Elliot titled
Exh. 9: Email with attorney Kathleen Elder regarding submission of my Application to Kingman Regional Medical Center (KRMC). She refused to assist Elliot.
Exh. 10: 8/10/22 KRMC FB Messenger decline to accept my Application and referral to Mohave Mental Health and Southwest Behavioral
8/10/22 KRMC FB Messenger decline to accept Application
Exh. 11: Email with attorney Emily Cunion re. my submission of my Applicatin to Southwest Behavioral
Email-attorney-Cunion-Elliot-Southwest
Exh. 12: The Southwest Rejection Letter by a nurse who is clearly not quite right in the head, as detailed in my motion.
Exh. 13: The AZCourtCare.org Instructions for Involuntary Evaluation and Treatment
AZCourtCare.org Instructions for Involuntary Evaluation and TreatmentCare
I feel awful that I’m fighting to have Elliot admitted to the Southwest Loony Bin, a literal shithole.
I’ve been there, and know how hellish it is. But considering that Elliot would likely die in the desert and he refused to come to my place — I can’t just let him die.
The remaining exhibits are studies documenting that there is so much we can do to heal not just the body, but the brain. I know it works because I’ve done it. Sadly, the litigation destroyed much of my progress, but I don’t have a choice.
Fighting for my life, fighting for Elliot’s life … because nobody else does.
Exh. 14: 2018 Homelessness and Mental Illness: A Challenge to Our Society
Exh. 15: Homelessness, Housing Instability and Mental Health: Making the Connections
Exh. 16: The Prevalence of Mental Disorders among Homeless People in High-income Countries
Exh. 17: Diet, Exercise, Lifestyle, and Mental Distress among Young and Mature Men and Women
Exh. 18: Food and Mood: how do diet and nutrition affect mental wellbeing?
Exh. 19: The Link between Food and Mental Health
On 8/16/22 the “HONORABLE KENNETH GREGORY, JUDGE PRO TEMPORE” declined to save Elliot’s life:
Judge Kenneth Gregory’s ORDER declining to save Elliot’s life
On August 15, 2022, Plaintiff filed an emergency motion seeking court-ordered evaluation of a non-party, Elliott Doe.
The Court will not recognize this motion because the proposed patient is not a named party and the subject matter of this civil lawsuit does not concern Mr. Doe. Rather, this is an action brought by Plaintiff alleging malpractice. The fact that a mental health provider happens to be a named Defendant in this case does not confer upon Plaintiff the right to file applications seeking evaluation or treatment of non-parties.
Plaintiff alleges she has filed a written application directly with Southwest Behavioral Health Services on knowledge of facts requiring emergency admission. If Plaintiff believes Southwest has not acted in good faith in following Title 36 requirements, the Court encourages her to report the matter to the Mohave County Attorney-Civil Division, and to seek legal advice if she intends to file a separate action with this Court.
IT IS ORDERED denying Plaintiff’s Motion for Emergency Evaluation.
Conspicuously ABSENT is any reference to statutes and case law.
As of 8/22/22, I can only hope that Elliot is still alive.
The Cochise County GUIDE:
A Guide to Title 36 Page 1
Revised: 3/2021
GUIDE TO “TITLE 36”
COURT-ORDERED MENTAL HEALTH PROCEEDINGS
The Cochise County Attorney’s Office (Civil Division) files legal documents and appears at mental health commitment hearings on behalf of the local mental health agencies/hospitals authorized by the Arizona Department of Health Services to function as Title 36 screening and evaluation agencies.
This guide will provide you with an overview of the process for Cochise County court-ordered mental health proceedings that are commonly known as “Title 36”. The process is called Title 36 because the statutes that govern the process are located in Title 36 of the Arizona Revised Statutes. Title 36 cases are confidential and our office will not be able to discuss specific cases
with you.
The Application Process
If you believe that a person requires a mental health evaluation because they are mentally disturbed and may harm themselves or others, and that person is not seeking help on their own, you should call the AZ Crisis Line at 866-495-6735 and request a crisis mobile team for “Title 36”. The AZ Crisis Line is available 24 hours a day, 7 days a week to handle emergency crisis situations. The AZ Crisis Line can also assist in answering questions you may have regarding mental health resources and local mental health care providers.
Upon assessment of the person in crisis, an evaluator may recommend a Title 36 application be initiated. If so, the crisis evaluator will prepare a Pre-Petition Screening Report and an application for Title 36. The crisis evaluator will also obtain witness statements. The applicant and witnesses will report their personal observations (what they have seen or heard the person do or say) that leads them to believe mental health treatment is needed. If mental health treatment is needed urgently, the proposed patient (“patient”) may be transported to a mental health facility immediately
…
The Pima County brochure:
https://www.sc.pima.gov/media/ovnpcnkj/mhjsccbrochure.pdf
Northern Arizona:
Apache, Coconino, Gila, Mohave, Navajo & Yavapai Counties
Regional Behavioral Health Authority
Steward Health Choice Arizona
(800) 322-8670
24/7 Nurse Help Line: 855-354-9006
stewardhealthchoiceaz.com
Community Wide Crisis Line
Behavioral Health Crisis Services
No Cost Help 24/7: (877) 756-4090
Call 911
FindLaw.com – Arizona Revised Statutes Title 36. Public Health and Safety § 36-533. Petition for treatment – last updated March 08, 2022 | https://codes.findlaw.com/az/title-36-public-health-and-safety/az-rev-st-sect-36-533.html
